The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-08
BOSS COY BEHIND THE BARS
lie Sacrifices Himself to Brief Martyr
dom for the Sake of the Gang.
lie Goes to Jail, However, Only for the Pur-
pose OF Getting Habeas Corpus Proceed
iBgs Before Judge Gresham Again.

! With wave of his hand and twinkle of his
| small eyes, while smile overspread his feat
| ures. the leader of Marion county Democracy re-
| Piled: That's all right It has been done before
| and nobody has been hurt II you people don't
like it. you can go to the courts
Yesterday afternoon Simeon sat at Pennsyl-
vania-street window of the United States
maTshals office looking at the passers-by. 1t
was just after the shower. Affairs to him, so
far as the casual observer could discern, were
moving fairly well. He bowed and smiled recoe-
milton to friends in the intervals of putting
smoke from prime cigar He did not appear
to have any trouble weighing him down, but
what was going on in the Office had reference to
the formalities that were restrain him of his
liberty. For days and perhaps weeks to come.
Simeon Coy. the little Democratic boss of the
last campaign and chairman of his party's county
central committee, will be prisoner at the Jail.
1t has been foreshadowed that the attorneys
of the prisoners accused of conspiracy in alter
ing the tally-sheets of the last election contem-
plated carrying the question Of United States
jurisdiction before Judge Gresham. Since they
failed TO have the indictments ouashed, the al
ternatives of long and wearisome trial pro-
ceeding by habeas corpus presented themselves.
After trial the matter could go before the United
States Circuit Court judge on writ of error,
but that would be too long to wait. and might
involve legal dangers. Nor could habeas corpus
proceedings begin without or more of the
accused being deprived of liberty. All the de-
PENDANTS out bail. therefore the first
step must be to secure prisoner. It is pre-
sumed that Bernhamer objected to being de-
tanned in Jail. even in his own interest.
count of the demands trusts of administration
and guardianship made upon him. It would not
do for John e. Sullivan to direct the county
clerks Office from prisons cell. Running
down the entire list. it is supposed none
would consent to brief martyrdom for the sake
of the gang Desperate emergencies demand
desperate means. Somebody had to go to jail.
or there would be no chance of anything but
trial and probable conviction. Even that much,
10 matter what might occur afterward, would
blight the Democratic party. as it is repr esented
by Coy and his followers. So Coy himself was
brought to the sacrifice. and for the first time in
his dashing career politician he is benin the
bars,
1t twas about $3.50 o'clock yesterday afternoon
that Coy and his bondsman, Hiram W. Miller,
appeared before Judge Woods The latter had
a certified copy of the recognizances on which he
figured bondsman in the sum of $780, the
amount of the conspiracy bond being $1,000 and
that the individual Indictment $500. Mr..
Miller briefly stated to the Judge that he desired
to surrender Coy. Without much ado the Judge
Endorsed on the recoenlzances:
The within named Simeon Coy having been this day
surrendered by his bondsman he is therefore,
anded to the custody of the United States marshal
Following this a capias issued upon which
Coy rearrested. The Judge again fixed the
bonds for both indictments at $1,000 and $500
respectively. No one offering to become re-
sponsible for Coys appearance at trial, he
taken in charge by the marshal 1t after
this that the prisoner sat at the window Of the
marshal's Office taking his last view of the out
side world in which he figured jauntily,
xrhi la fhn hnfr~ I'D EA
his Imprisonment all right and legal
.'Come on, Sim, 1 am ready" said Marshal
Hawkins. and the politician stepped briskly to
the officers side. At the door he turned to
Deputy Marshal Miller and said: Frank. hand
me that bundle. please l will need it," As the
officer and the prisoner stepped into the hall an
ACQUAINTANCE asked: Where are you going,
Sim2"
.'To JAIL" was the short but good natured an
NO" said the acquaintance. doubtingly.
'Is's fact Hiram Miller has surrendered
me-"
In the meantime Judge McNutt and Byfeld
and Rowland, attorneys for Coy. had prepared
petition for a writ of habeas corpus. It
simple statement of facts embodied in the con-
the plea upon the want of jurisdiction. The
petition taken to Judge Gresham in Chica-
go. last night, by Judge McNutt 1t is claimed |
by the attorneys that this petition is in the na.-
Of appeal. From the fact that Judge
Woods had overrued the motion to quash the |
indictments, he could not do otherwise than |
DENY the petition for a writ of habeas corpus, as
both the motion and the petition involved the |
same question of jurisdiction 1t is claimed |
that the decision in the Perkins case in q meas |
applies to the present phase OF the proceed |
ings. Judge Gresham decided in that instance !
that the United States had jurisdiction |
the of forgery since the changes on the tally
sheet did not affect the vote for Congressman. |
When Coy reached the Jail his old friend, |
personal and political, Tim Clarke, the turnkey,
Tested by the latter although he says he had |
heard nothing of what had transpired until the |
marshal placed the prisoner es in in his keeping
disposition he turns both to the ups and downs |
of life His greeting to the turnkey was that of
follows: simeon Coy, Councilman, thirty-seven
years OF age, saloon keeper, conspiracy, United
States prisoner" After this he took
During the evening he had two
callers, immediate friends, who have his bust
ness confidence. but none of the co-defendants
appeared. 1t at $50 o'clock that a Journal
reporter went to the Jail to be told that Sim had
gone to bed and could not be seen. lis he be-
hind the barsp was the next inquiry.
Eyes; he has cell No 80. and is comfortable
as the Jail accommodations for prisoner will
permit It is not like being on the outside, yet
Coy IS going to make the best Of the situation"
Nothing about his He does not want
to see any one to night" When the news of his
imprisonment was taken to his family Mrs Coy
tainted, and is lying very low from the effects of
the shock.
The question will be presented on the
jurisdiction of the United States over an offense
committed before the alterations were made.
The indictments are in instance for con-
spiracy in inducing election officers disregard
their duty by handing to others not officers the
returns. and in another for individually induc-
ing such to be done. Judge Woods holds that |
the election officers were federal officers of cleo
ton we'll as State; hence it was an offense |
against the United States induce them to |
place the returns in possession of the gang. 1t |
was an offense to give these returns up no mat |
ter how innocent the purpose might have been. |
The effect of a decision favorable to the prisoner
will practically nullify the decision of Judge |
foods In holding the indictments be good. |
These proceedings may delay the trial. but Coy's |
attorneys hope for an early decision.
Drawing of Federal Court Jurors.
Noble C. Butler, clerk of the United States /
Court, and John r. Wilson, the jury commits